JUDICIAL REVIEW OF ADMINISTRATIVE ACTION: THE PROBLEM OF REMEDIES 1.1 Until well into the nineteenth century the responsibilities of the state were few and classical the maintenance of public order, the conduct of foreign affairs and the disposition of the armed forces. In the interests of protecting the public and regulating the economy, the state intervenes to a very consisiderable degree in the lives of its citizens.
The law provides for controls over prices, restrictive practices and planning.
It is necessary to opt for one or other and the choice of the wrong remedy will involve starting all over again.
They differ in their effect, since certiorari operates to quash the decision complained of, while a declaration, as its name implies, merely declares the true legal position.
In many instances this distinction may not matter, since a public authority is hardly likely to ignore a judicial declaration of the law.
While some of these overlap, the correspondence is not complete and this gives rise to doubts about the appropriate one to choose.
Yet that choice may be critical, for if one applies for the wrong remedy the suit will be dismissed on that procedural ground alone.
Having thus obtained the annulment of the decision he must then institute fresh proceedings for damages; under the current law it is not possible to add a claim for damages to an application for certiorari.